eMerge SMS Text Messaging - Acceptable Use Policy

This Acceptable Use Policy describes actions that eMerge (easyeMerge.com) prohibits when you use its website and/or services (the "Services"). You acknowledge and agree that this policy may be revised from time to time by eMerge at its sole discretion. It is your responsibility to review this Acceptable Use Policy frequently and remain informed about any changes to it, so we encourage You to visit this page often. This Acceptable Use Policy is governed by our Terms of Use, and all undefined terms herein shall be as defined in the Terms of Service.

eMerge™ may in its sole discretion determine whether you are in violation of this Acceptable Use Policy. The Services may be used only for lawful purposes and may not be used for any illegal activities. As specified below, eMerge maintains the position that using the Services in an illegal, abusive or any other manner that interferes with or diminishes others' use and enjoyment of the Services is prohibited.

The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behavior while using the Services. This list is provided by way of example and shall not be considered exhaustive.

- Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of eMerge's Services

- Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to eMerge, to any user of our Services, or to any of our or their respective customers

- Using the Services in any manner that may subject us or any third party to liability, damages or danger

- Using eMerge's Services with credentials that do not belong to you, or intentionally or unintentionally allowing others to use Your eMerge credentials

- Engaging in fraud with respect to your account

- Using your account to engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites

- Using any of the eMerge Properties or eMerge Marks other than as expressly permitted in the Terms of Use

- Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party

- Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations such as the CAN SPAM Act of 2003 and the Do-Not-Call Implementation Act

- Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes

- Use of eMerge SMS in a manner that is not designed to enhance or augment the person-to-person nature of SMS communications

- Offering any Emergency Services to users. "Emergency Services" shall mean services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services

- Promoting or engaging in illegal activities

- Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age

- Harvesting or otherwise collecting information about others, including email addresses or phone numbers, from eMerge’s website without their express consent

- Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using Your account

- Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs

- Violating or facilitating the violation of any U.S. or foreign law regarding the transmission of technical data or software

- Interfering with or disrupting networks connected to the Services or violating the regulations, policies or procedures of such networks

- Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephone network

Remedies

Violation of this Acceptable Use Policy may result in the immediate suspension or termination of Your account, civil and/or criminal liability, and eMerge may, in addition to any remedy that it may have at law or in equity, terminate permission for you to use the Services. In such event, you are still liable for any and all outstanding charges accumulated through your use of the Services, including uses in violation of this Acceptable Use Policy or the laws of any jurisdiction. In addition, eMerge may investigate incidents that are contrary to this Acceptable Use Policy and provide requested information to third parties who have provided notice to eMerge stating that they have been harmed by your failure to abide by this Acceptable Use Policy. eMerge's failure to enforce this policy in each and every instance in which it might have application does not amount to a waiver of eMerge's rights hereunder.

Additional Information

If you have any questions about the rights and restrictions above, please contact eMerge at 985-781-4471.